No person shall leave unattended any motor vehicle, trailer,
semitrailer or mobile home on any public highway or private or public
property for such time and under such circumstances as to cause the
vehicle to reasonably appear to have been abandoned. Whenever any
vehicle has been left unattended without the permission of the property
owner for more than 48 hours, the vehicle is deemed abandoned and
constitutes a public nuisance.
A. Any vehicle in violation of this section shall be impounded until lawfully claimed or disposed of under Subsection
B, except that if the Chief of Police determines that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked by the municipality prior to expiration of the impoundment period upon determination by the Chief of Police that the vehicle is not wanted for evidence or other reason.
B. Any abandoned vehicle shall be retained in storage for a period of
10 days after certified mail notice has been sent to the owner and
lienholders of record to permit reclamation of the vehicle after payment
of accrued charges. Thereafter, the Village may dispose of any abandoned
vehicle which is determined by the Chief of Police to have a value
in excess of $100 at a public auction. Any abandoned vehicle which
is determined by the Chief of Police to have a value less than $100
may be disposed of by direct sale to a licensed salvage dealer. Before
any sale can be consummated, the Chief of Police must determine that
the vehicle is not reported stolen. Within five days after the disposal
of a vehicle as herein provided, the Chief of Police shall advise
the Division of Motor Vehicles in the Wisconsin Department of Transportation
of such disposal on a form supplied by said Division.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C. The owner of any abandoned vehicle except a stolen vehicle is responsible
for the abandonment and all costs of impounding and disposing of the
vehicle. Costs not recovered from the sale of the vehicle may be recovered
in a civil action by the Village against the owner.
No person except a licensee of a motor vehicle dealer's
license issued under the Wisconsin Statutes shall accumulate or store
or allow to remain outside of any building on real estate located
within the Village for a period of more than 10 days or dump, deposit
or otherwise abandon upon any property or upon any highway, street,
road, alley or way within the Village any used motor vehicles, as
"motor vehicle" is defined by the Wisconsin Statutes, or any detached
part or parts thereof for which no current registration fee has been
paid under state statutes or which, if paid, does not have properly
attached thereto under state statutes a current license plate or plates
if so required and which is in condition which would mechanically
prevent its immediate operation upon any public highway or its operation
thereon would be in violation of the law. Each day that any used motor
vehicle as herein defined or any detached part or parts thereof shall
be accumulated or stored or allowed to remain contrary to these provisions
shall constitute a separate and distinct offense. This section shall
not apply to a licensed and registered special interest vehicle and
parts car regulated pursuant to § 341.266(4), Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
Any person violating §
423-1 or
423-2 of this chapter, in addition to the costs required under §
423-1C, shall also be subject to the penalties provided in §
1-4 of this Code. Any person violating §
423-3 of this chapter shall be subject to the penalties provided in §
1-4 of this Code, excepting that the forfeiture for a first offense shall not be less than $50 and a forfeiture for a second offense shall not be less than $60.